Common use of Initial Shares Clause in Contracts

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $__________, the number of Initial Shares set forth in SCHEDULE I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof subject, in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 2 contracts

Sources: Underwriting Agreement (America First Mortgage Investments Inc), Underwriting Agreement (America First Mortgage Investments Inc)

Initial Shares. Upon the basis of the representations and warranties and representations and other terms and conditions and agreements herein set forth, at the purchase price per share of Common Stock of $[•], the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agreesUnderwriter, severally and not jointly, agrees to purchase from the Company at the purchase price per share of $__________Company, the that number of Initial Shares set forth in SCHEDULE Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof subjecthereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares; provided, however, that the purchase price per share of the Reserved Shares shall be $[•].

Appears in 2 contracts

Sources: Underwriting Agreement (Stronghold Digital Mining, Inc.), Underwriting Agreement (Telos Corp)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $__________, the number of Initial Shares set forth in SCHEDULE Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof subject, in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 2 contracts

Sources: Underwriting Agreement (Anthracite Capital Inc), Underwriting Agreement (Resource Asset Investment Trust)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $__________7.816875, the number of Initial Shares set forth in SCHEDULE I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof subject, in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (America First Mortgage Investments Inc)

Initial Shares. Upon the basis of the representations and warranties and representations and other terms and conditions and agreements herein set forth, at the purchase price per share of Common Stock of $[●]1, the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agreesUnderwriter, severally and not jointly, agrees to purchase from the Company at the purchase price per share of $__________Company, the that number of Initial Shares set forth in SCHEDULE Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof subjecthereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Applied Blockchain, Inc.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of $ for the Common Stock, the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $__________, the number of Initial Shares set forth in SCHEDULE Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof subject9 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Saxon Reit Inc)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $________________ for the Common Stock, the Company agrees to sell to each Underwriter the Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in SCHEDULE Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof subjecthereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Luminent Mortgage Capital Inc)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company Company, at the purchase price per share of $__________, the that number of Initial Shares set forth in SCHEDULE Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof subjecthereof, subject in each case, case to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares. The Underwriters may from time to time increase or decrease the public offering price after the initial public offering to such extent as the Underwriters may determine.

Appears in 1 contract

Sources: Underwriting Agreement (Resource America Inc)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[ ], the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters [ ] Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $__________, the number of Initial Shares set forth in SCHEDULE Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof subjecthereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Polar Star Realty Trust Inc.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $8.13, the Company agrees to sell to each Underwriter, severally and not jointly, the Underwriters the Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $__________, the that number of Initial Shares set forth opposite the name of such Underwriter in SCHEDULE Schedule I opposite such Underwriter's namehereto, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof subjecthereof, subject in each case, to such adjustments among the Underwriters as the Representatives Underwriters in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Northstar Realty Finance Corp.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $__________, the Company agrees to sell to the Underwriters the Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in SCHEDULE Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof subjecthereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Brillian Corp)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $__________, the number of Initial Shares set forth in SCHEDULE Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof subject, in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (American Mortgage Acceptance Co)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $________, the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $__________, the number of Initial Shares set forth in SCHEDULE Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof subjecthereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative[s] in their [its / their] sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Energy Hunter Resources, Inc.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company Company, at the purchase price per share of $__________, that proportion of the number of Initial Shares set forth in SCHEDULE I opposite such Underwriter's namename on Schedule I, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof subjecthereof, in each case, subject to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares. The Underwriters may from time to time increase or decrease the public offering price after the initial public offering to such extent as the Underwriters may determine.

Appears in 1 contract

Sources: Underwriting Agreement (Ocwen Asset Investment Corp)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company Company, at the purchase price per share of $__________, the number of Initial Shares set forth in SCHEDULE Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof subject, in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Capital Automotive Reit)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $__________, the number of Initial Shares set forth in SCHEDULE Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof subject, in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (One Liberty Properties Inc)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$________], the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $__________, the number of Initial Shares set forth in SCHEDULE Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof subjecthereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Ashford Hospitality Trust Inc)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[___], the Company agrees to sell to each Underwriter, severally and not jointly, the Underwriters the Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $__________, the number of Initial Shares set forth in SCHEDULE Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof subjecthereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Northstar Realty)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of [$ ], the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters the Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $__________, the number of Initial Shares set forth in SCHEDULE Schedule I opposite such Underwriter's ’s name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof subjecthereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Goldleaf Financial Solutions Inc.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$________], the Company agrees to sell to each Underwriter, severally and not jointlythe Underwriters 2,000,000 Initial Shares, and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $__________, the number of Initial Shares set forth in SCHEDULE Schedule I opposite such Underwriter's name, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof subjecthereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Kennedy Wilson Inc)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $9.35, the Company agrees to sell to each Underwriter, severally and not jointly, the Underwriters the Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $__________, the that number of Initial Shares set forth opposite the name of such Underwriter in SCHEDULE Schedule I opposite such Underwriter's namehereto, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof subjecthereof, subject in each case, to such adjustments among the Underwriters as the Representatives Underwriters in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Northstar Realty Finance Corp.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $6.17, the Company agrees to sell to each Underwriter, severally and not jointly, the Underwriters the Initial Shares and each Underwriter agrees, severally and not jointly, to purchase from the Company at the purchase price per share of $__________, the that number of Initial Shares set forth opposite the name of such Underwriter in SCHEDULE Schedule I opposite such Underwriter's namehereto, plus any additional number of Initial Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof subjecthereof, subject in each case, to such adjustments among the Underwriters as the Representatives Underwriters in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Sources: Underwriting Agreement (Northstar Realty Finance Corp.)